Department of Human Services v. H Family
HSLDA defends family against intrusive social worker investigation

Filed: January 26, 2001.

Nature of Case:The Department of Human Services received a complaint that the H’s home had unsanitary conditions and that the children were not in public school. When the social workers first came to the house on January 10, they found that no one was home. One of the social workers went around to the back yard and peered in the kitchen window. Later that day, the social workers came back. Mrs. H allowed them to come in to the front room, where they saw and spoke to the children. However, Mrs. H did not allow the workers to go through the house nor to interrogate the children out of her presence.

The family called HSLDA, and on our advice, they sent DHS proof that the children were legally homeschooling. They also submitted an affidavit from a respected community juvenile worker who testified that the residence did not present any health or safety risks.

On January 17, 2003, DHS petitioned the court for an order forcing the H family to let DHS into their home and to seize their children for interviews, which was granted. HSLDA immediately filed a motion to halt the order and allow for a hearing on whether such a move was justified.

On February 20, 2003, DHS admitted that it had no other evidence. Accordingly, the Court dismissed the case in its entirety.

Rulings:1-17-03 The juvenile court granted the social workers' request for an order allowing for a home inspection and an interview of each child.1-24-03 The court stayed its previous order and scheduled a hearing.2-20-03 The court quashed the investigative order and dismissed the case.